Legal Opinion

McGinty v. State

Texas Court of Appeals, 1st District (Houston)

Decided July 23, 1987No. 01-86-0617-CRPublishedCited by 15 opinions

1Opinion of the Court

OPINION

DUGGAN, Justice.

A jury found appellant guilty of driving while intoxicated, and the court assessed punishment at 90 days confinement, probated for two years, and a $300 fine. Appellant does not challenge the sufficiency of the evidence supporting his conviction.

Appellant contends, in his first point of error, that “the trial court erred in admitting the written intoxilyzer test results when the proper predicate had not been presented.” Specifically, he argues that the State did not establish that appellant was observed by one -person for a continuous 15 minutes prior to administration…

2Cases cited4 opinions

  1. Thomas v. StateCourt of Criminal Appeals of Texas · 1981
  2. Phillips v. StateCourt of Criminal Appeals of Texas · 1980
  3. Forte v. StateCourt of Criminal Appeals of Texas · 1986
  4. Gaudin v. State, Texas Court of Appeals, 10th District (Waco)1985

3Cited by15 opinions

  1. State v. Reed, Texas Court of Appeals, 4th District (San Antonio)1994
  2. State v. Kost, Texas Court of Appeals, 4th District (San Antonio)1990
  3. Gifford v. State, Texas Court of Appeals, 5th District (Dallas)1990
  4. Gowin v. State, Texas Court of Appeals, 12th District (Tyler)1988
  5. Callahan v. StateCourt of Appeals of Texas · 1991

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